Domestic Violence Defenses in Los Angeles Courts
The Los Angeles District Attorney's Office and LA County law enforcement officers take an aggressive stance when enforcing California's laws on domestic violence (DV) offenses.
Prosecutors are often pressured to get convictions as domestic violence charges are one of the most commonly prosecuted crimes, even though there are some significant evidentiary issues in many cases.
Given the heightened enforcement of DV cases, it's crucial for the accused to secure legal representation early in the court process. A defense lawyer who comprehensively understands how to strategize for a favorable outcome is indispensable. They will navigate you through the legal process, advise you on your rights, and represent you in court.
Numerous legal strategies can be used to achieve the best possible outcome in most domestic violence cases. Negotiating with the prosecutor for lesser charges or even a case dismissal is feasible and can give you hope for a positive resolution. Perhaps we can negotiate for reduced domestic violence charges, instilling a sense of hope in you.
The first step in preparing an effective defense strategy is to tell your lawyer all the facts and circumstances surrounding your DV case. For example, what exactly happened? Why were you arrested for domestic violence? What are the police claiming you did?
Based on your information, we will better understand how to defend you against the case. This understanding will provide you with a sense of reassurance as we review the process further below.
Can An Alleged Victim Drop a DV Case?
We are often asked what happens if my spouse doesn't want to press domestic violence charges against me.
Can the district attorney still prosecute you? Can You still be convicted? In simple terms, your significant other cannot drop domestic violence charges. They have no legal authority to do so. The district attorney, with the power to prosecute, can and often does proceed with the case.
Under California law, this decision is out of an accuser's hands in domestic violence cases, and the final decision maker is the Los Angeles District Attorney. Consider the following facts:
- Based on the nature of the relationship between the alleged victim and a defendant, there is a natural tendency for a victim to have mixed feelings about their spouse being charged with a crime.
- California law doesn't allow a victim to have any discretion on the issue of whether or not to file formal charges.
- After police are called and domestic violence accusations are made, then only the district attorney has the authority to decide if charges are filed or dropped.
- Many police departments require their officers to arrest at least one person when they are responding to an alleged domestic violence incident.
Prefiling Intervention Defense Strategy
Prefiling intervention involves negotiating with law enforcement and the district attorney to potentially have the case dropped before formal charges are filed, a strategy that can be highly effective in many Los Angeles domestic violence cases.
In many Los Angeles domestic violence cases, there are uncooperative alleged victims or those who had a motive to exaggerate or outright make false allegations. Thus, consider the following facts:
- A compelling presentation by a defense lawyer on the issues of proof and substantial mitigating factors about your character and background often results in the charges being dropped before the court process begins. These factors could include a history of non-violence, a strong community standing, or evidence of the victim's dishonesty.
- It might also be possible to reduce a felony to a misdemeanor or handle it informally through the City Attorney's office hearing process. This process involves a hearing with city officials to determine the appropriate course of action, which could include counseling or community service instead of formal charges.
- Our law firm's immediate intervention once a police report or arrest is made is often the best legal defense strategy. This proactive approach can help you avoid the expense and risk of a formal court filing, putting you in control of your defense.
- Even when formal charges have been filed, effective legal representation by our firm is essential to obtaining the best outcome. This reassurance can help alleviate some of the anxiety you may be feeling.
We have learned that presenting mitigation factors early can help secure no-jail settlements and reduce offenses. By presenting these factors early in the process, we can potentially negotiate a favorable settlement with the prosecutor, especially if the victim has changed their initial statement to law enforcement.
What are the Most Common Domestic Violence Charges?
As noted above, in Los Angeles County, domestic violence charges are one of the most commonly prosecuted crimes. Some of the most common charges include the following:
- Penal Code 243(e)(1) PC - Domestic Battery. This law is generally defined as any willful and unlawful use of force or violence against an intimate partner.
- Penal Code 273.5 PC - Corporal Injury to a Spouse. It's generally defined as willfully inflicting a physical injury resulting in a traumatic condition on an intimate partner.
- Penal Code 422 PC - Criminal Threats. This law prohibits threatening to harm or kill another person if the threat places the victim in reasonably sustained fear for their safety or that of their family.
- Penal Code 273.6 PC - Violating a Restraining or Protective Order. Violating any of California's valid protective order terms is a crime. If you are served with any restraining or stay-away order, you must comply with its every provision or risk being charged with a crime.
- Penal Code 368 PC - Elder Abuse. This law defines elder abuse as the physical or emotional abuse, neglect, or financial exploitation of a victim 65 years of age or older.
- Penal Code 273d PC - Child Abuse. This law defines the crime of child abuse as inflicting cruel punishment or a physical injury on a minor who is under the age of 18.
- Penal Code 273a PC - Child Endangerment. This law involves willfully exposing a child to unjustifiable pain, suffering, or danger.
- Penal Code 136.1 PC - Witness Intimidation. This law involves knowingly and maliciously preventing a victim or witness from providing testimony at trial.
False Allegation Defense Strategy
Many domestic violence incidents are highly stressful, where one or both spouses are emotional. While one spouse is giving information to a 911 operator or police officers who respond to the scene, they can exaggerate the details or even make false accusations during the heat of the incident. Thus, consider the following facts:
- It's common for alleged domestic violence victims to regret their initial statements later profoundly.
- It's also common for alleged victims to falsely accuse their spouse of domestic violence during a divorce or child custody battle in a family law court to be used to their advantage.
When you have been falsely accused of domestic violence, we can expose inconsistencies in their statements or even prove they are false.
We can conduct an independent investigation to show how the alleged victim had a motive to lie. There have been cases where the victim eventually admitted they were dishonest with the police.
We might be able to argue that there is insufficient evidence to prove the domestic violence case beyond a reasonable doubt. We can present evidence or witnesses that will exonerate you during cross-examination. If successful, the prosecutor might be willing to reduce the charges or even dismiss the case.
Self-Defense Argument in DV Cases
When Los Angeles law enforcement officers respond to the scene of a domestic violence call, they must make quick decisions in often complicated circumstances. Thus, consider the following facts:
- Police will attempt to determine if there are any visible injuries quickly and will use this information to justify an immediate arrest.
- DV incidents are often chaotic and stressful situations that are complicated.
In many cases, a domestic violence defendant might have been acting in self-defense when they used physical force on their spouse. Still, they must prove there was a reasonable belief of immediate harm from being injured or unlawfully touched.
Defendants will also have to show there was a reasonable belief that using force was necessary to prevent harm and that no more force was used other than what was required. You are allowed to use force to protect yourself, even in a domestic violence situation.
Many domestic violence cases involve mutual combat between spouses, meaning the victim and defendant were involved in assaulting one another. Still, determining the primary aggressor and whether someone acted in self-defense can often be challenging. We can also argue that a willful act did not cause the injury but was accidental.
Suppose you have been arrested for domestic violence. In that case, you need to review your case with a criminal defense lawyer who has experience handling these cases and knows the most effective defense strategies. Contact us for more information. The Hedding Law Firm has offices in Los Angeles, CA.
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